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99-053CITY OF ANAHEIM CITY COUNCIL RESOLUTION NO. 99R-53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN FINDINGS IN CONNECTION WITH THE CITY'S SUBMITTAL OF A GRANT APPLICATION TO THE U.S. EPA BROWNFIELDS PILOT PROGRAM FOR FUNDING OF SITE ASSESSMENT OF CERTAIN CONTAMINATED PROPERTY LOCATED IN WEST ANAHEIM AT THE NORTHEAST CORNER OF BEACH BOULEVARD AND LINCOLN AVENUE, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA WHEREAS, the City of Anaheim ("City") is a municipal corporation and charter city of the State of California, authorized and empowered to conduct the municipal affairs of the city; WHEREAS, the City Council of the City of Anaheim ("City Council") is the legislative and governing body of the City; WHEREAS, the Anaheim Redevelopment Agency, a public body corporate and politic, ("Agency") is a community redevelopment agency organized, existing and exercising its powers pursuant to the California Community Redevelopment Law, Health and Safety Code Section 33000, er seq. (the "CRL"); and WHEREAS, the West Anaheim Commercial Corridors Redevelopment Project and the boundaries of the West Anaheim Commercial Con•idors Project Area ("Project Area") were duly established by various ordinances of the City Council, and which ordinances approved, and amended, the redevelopment plan for the West Anaheim Commercial Corridors Redevelopment Project ("Redevelopment Plan"); and WHEREAS, the Agency is vested with the power to implement the Redevelopment Plan and carry out the goals and objectives of the West Anaheim Project Commercial Corridors; and WHEREAS, in specific implementation of the Redevelopment Plan the Agency and the City are desirous of undertaking redevelopment, economic development, and other revitalization activities ("Development Activities") on certain real property located in the City and in the Project Area commonly known asthe Beach/Lincotn Property, as defined below; and WHEREAS, at the northeast corner of Beach Boulevard and Lincoln Avenue in the Ciiy there are, approximately twenty-five (25) acres of real property ("Beach/Lincoln Property"); and WHEREAS, the City has been advised that in the late 1950s and the 1960s portions of the Beach/Lincoln Property were used and operated by the County of Orange as a landfill for household refuse, other portions were used and operated as a disposal site for construction refuse, and other portions were a disposal site for oil drilling mttd waste; and r"\DOCS',6F.VSVC'ti~.RBSOLL"1'V~RC R9316A.WC~i3!16/99 -1- baas~a. r~z2~~ i.noao WHEREAS, the environmental condition of the Beach/Lincoln Property has been determined by preliminary assessment and testing of soils and groundwater by parties other than the City to be contaminated with hazazdous materials and substances ("Hazardous Substances"), as defined within federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), although the full scope of the environmental condition is not known; and WHEREAS, the environmental condition of the Beach/Lincoln Property requires further and complete site assessment, testing and characterization for Hazardous Substances in the soils and groundwater, and after the full scope of the Hazardous Substances existing thereon is determined, such property, thereafter, will require remediation prior to proceeding with any Development Activities; and WHEREAS, because the full scope of the environmental contamination with Hazardous Substances of the Beach/Lincoln Property is not yet known, said environmental condition has created a Brownfield condition in the Project Area; and WHEREAS, the environmental condition of the Beach/Lincoln Property has directly impacted the economic feasibility, physical character, aesthetic character, use, and development of the Beach/Lincoln Property, has had a deleterious impact on the surrounding neighborhoods, and has prevented any Development Activities from proceeding; and WHEREAS, the City desires to commence the process and proceedings available to cities and community redevelopment agencies under the CERCLA and the Community Redevelopment Law to cause site testing, characterization, and assessment of the environmental condition of the soils and groundwater of the Beach/Lincoln Property to occur; and WHEREAS, the Community Development Department of the city has submitted an application for a U. S. EPA Brownfields Pilot Program grant (each, a "Grant"); and WHEREAS, the Grants are available to cities to undertake demonstration projects to help communities revitalize contaminated properties; and WHEREAS, the pilot program makes available Grants that are funded up to $200,000.00 for two yeazs; and WHEREAS, the Community Development Department is currently working with a potential developer and the owner of the Beach/Lincoln Property to explore the feasibility of development thereof; and WHEREAS, if the City is awarded a Grant, the funds would be used to: (i) conduct an environmental assessment of the Beach/Lincoln Property to fully chazacterize the level of contamination with Hazardous Substances, (ii) plan remediation mitigation activities for the Beach/Lincoln Property, including a methane collection/dispersion system and water monitoring system, and (iii) implement community involvement activities to explain site selection, assessment, and remediation planning activities; and WHEREAS, this resolution is being considered and action taken by the City (as "Applicant") in connection with its application and proposal to U.S. EPA Brownfields Pilot Program funding, as described above; and F:\DOCS~DEVSVCS\RESOLUfN1RCR9316A.D0003/]6/99 -2- 644678.1~22621.0080 WHEREAS, the Applicant desires by this resolution to certify the following: (i) Applicant is an entity eligible to receive federal funding under CERCLA, Section 104(d), (ii) Applicant has the authority to enter into a Cooperative Agreement, or other agreement, with the U. S. EPA, and (iii) Applicant has the authority to carry out the work included in the application. NOW THEREFORE, the Anaheim City Council does hereby find and resolve the following: 1. The City Council finds the foregoing Recitals aze true and correct and aze hereby made a substantive part of this Resolution. 2. The City Council certifies that as an applicant for U. S. EPA Brownfields Pilot Program funding it is an entity eligible to receive funds under CERCLA, Section 104(d). 3. The City Council certifies it has the authority to enter into a cooperative agreement or other agreement ("Cooperative Agreement") with the U.S. EPA and to carry out its obligations required under and pursuant to such Cooperative Agreement. 4. The City Council certifies it has the authority to carry out the work included in the application to U.S. EPA and to do the work required under and pursuant to such Cooperative Agreement. 5. The City Council hereby approves the Cooperative Agreement to be entered into with the U. S. EPA and authorizes the Executive Director of the City's Community Development Department to execute such Cooperative Agreement on behalf of the City. 6. The Executive Director of the City's Community Development Department (and his/her designee(s)) is hereby delegated the authority and authorized to carry out the Cooperative Agreement and take such actions necessary to fully perform thereunder. The City Clerk shall certify to the adoption of this Resolution. F9DOCS~DEVSVCSIRESOLUMRCR9316A.D0003/16/99 -3- 644678.1122621.0080 APPROVED AND ADOPTED this ~ day of r1a,-~h , 1999. Mayor City of Anaheim ATTEST ~/_~_~/.I'7~.urit~ Clerk APPROVED AS TO FORM: ___. ;%~ JACK L. E, CITY A~T'TO~IVEY ! ~~--_ ~' ~ ~ ~ :~?'" CITY ATTORNEY F'.~D(KS\DEVSVCSIRESOLURdUlCF2~3I6AU(K~~~16~9G -4- 644678.L~22621.0080 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-53 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of March, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-53 on the 23rd day of March, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of March, 1999. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-53 was duly passed and adopted by the City Council of the City of Anaheim on March 23rd, 1999. CITY CLERK O HE CITY OF ANAHE